Tenth Circuit Affirms Conviction of “Pharmacist” on Ponca Reservation

Here are the materials in United States v. Williams:

CA10 Unpublished Opinion

Williams Opening Brief

US Answer Brief

Williams Reply Brief

From the opinion:

Zachary Carl Williams appeals his conviction for conspiracy to misbrand prescription drugs in violation of 21 U.S.C. §§ 331(a), 331(k), 333(a), and 18 U.S.C. § 371. Williams raises five issues on appeal. In his first two issues he alleges the indictment was constructively amended in violation of his constitutional rights. In his third and fourth issues he alleges the jury was improperly instructed. Finally, Williams argues that he is entitled to tribal sovereign immunity because his pharmacy operation was authorized by a license issued by the Ponca Tribe, a federally recognized tribe. Finding no error, we affirm Williams’ conviction.